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Continuous Residence Calculation

Posted: Fri Aug 06, 2021 12:08 am
by ship_under
Hi,

Sorry to open another thread about Continuous Residence calculation period but my case is quite complicated.

My family entered UK in 13/09/2016 under Tier 4 visa, my wife was main holder and others were depended on hers.
I got job and worked with that visa from Oct 2016, then I switched to Tier 2 from 08/12/2017 under this company, all family members have depended on me since.
From then I changed company 2 times, so I got 2 new Tier 2 with the current one is expired in 03/11/2022.

My question is when could we apply for ILR? do I need to extend tier 2 for another year because looks like it's a bit short for 5 years requirement. My wife got her first tier 2 dependant visa in 01/12/2017, can she apply before me?

In between we had a kid here and her visa is expired in July 2022, does she need to extend before applying IRL?

Re: Continuous Residence Calculation

Posted: Fri Aug 06, 2021 12:02 pm
by zimba
Time spent as a PBS main applicant and a dependant CANNOT be combined for ILR. You switched to become the main Tier 2 applicant since 08/12/2017, this is when your 5 years qualifying period starts. So you qualify for ILR within 28 days of 08/12/2022. Your dependants can NOT apply for ILR before you. They must all apply with you or after you. How did she manage to get a dependant visa before you ???

Now your visa expires on 03/11/2022, you can all apply before that expiry date for ILR and book the appointment day within 28 days of your ILR eligibility date. No need for an extension

FYI. A UK born child does not need ILR. The child can be registered as British using form MN1 directly if one parent gets ILR

Re: Continuous Residence Calculation

Posted: Fri Aug 06, 2021 1:26 pm
by ship_under
Hi Zimba,

Thank you so much for your answer. I don't know why my wife and our other child had it before me, even we applied in same day.
I thought the period counts towards to the end of visa? so I can live in UK and apply for ILR after visa ends? could I still work for my company if I don't have valid visa?
And my daughter can live in UK without visa for about 6 months? my other child who is not UK born can go to same process or still needs to apply ILR together with me?

Re: Continuous Residence Calculation

Posted: Fri Aug 06, 2021 3:16 pm
by zimba
ship_under wrote:
Fri Aug 06, 2021 1:26 pm
Hi Zimba,

Thank you so much for your answer. I don't know why my wife and our other child had it before me, even we applied in same day.
I thought the period counts towards to the end of visa? so I can live in UK and apply for ILR after visa ends? could I still work for my company if I don't have valid visa?
And my daughter can live in UK without visa for about 6 months? my other child who is not UK born can go to same process or still needs to apply ILR together with me?
Maybe you all were granted visa on the same day but your BRP was issued later ??!
When you make an in-time application, your visa is automatically extended under Section 3C until you get a decision on your pending application.
UK born child may not be included as the overstaying has no effect on her. However the non-UK born must follow the same path as you guys to get ILR

Re: Continuous Residence Calculation

Posted: Fri Aug 06, 2021 3:51 pm
by ship_under
Could be that, we were quite surprised with it.
The timeline would be telling company, obtaining necessary documents from them and making application before 03/11 then booking appointment from 10/11 onwards? quite tie schedule. Hope I can make it in one year.
Thank you so much for your help.

Sponsor licence number

Posted: Mon Oct 03, 2022 11:18 pm
by ship_under
Hi,

I’m currently doing application but struggling with this step

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What is your sponsor licence number as shown on your Certificate of Sponsorship?
Your sponsor is the organisation you will be working for in the UK, who are sponsoring this application
The company sponsored me was acquired and my Visa has been transferred to new company. I have previous sponsor license number but it is not valid anymore. So I have to ask my current company for their number? Does that affect my application?

Another question is

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When did you first enter the UK?
I entered UK many times with different Visa tiers?
Do I need to declare the first day I ever entered UK or date of issue confirmation letter from Home Office of my first Tier 2 Visa (starting 5 years period) or Date of Issue in that Visa?

Many thanks

Re: Sponsor licence number

Posted: Tue Oct 04, 2022 1:15 am
by zimba
Enter the license number of the current employer. The date question is not relevant or crucial at all. Either of those dates will be ok

Re: Sponsor licence number

Posted: Tue Oct 04, 2022 11:43 pm
by ship_under
Thank you so much.

I might have more questions along the way, sorry about it.

Re: Sponsor licence number

Posted: Thu Oct 06, 2022 12:56 am
by ship_under
Hi,

I'm in the last part of the ILR (set O) Application and I'm getting this question

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Is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people?
What answer should I choose please, yer or no? We plan to submit our Council tax and Utility bills as supporting documents and both my name and my wife's name are on the bills.

Am I right to say that we should select 'Yes' for this and my wife will need to sign the consent form too?

Thank you very much.

Re: Sponsor licence number

Posted: Thu Oct 06, 2022 1:35 am
by zimba
Answer Yes. Your wife signs part 2 of the consent form for your application

Re: Sponsor licence number

Posted: Fri Oct 07, 2022 12:07 am
by ship_under
Thank you so much.

Sorry for asking again but aside birth or death certificates, what other official documents can I use? because I didn’t have birth certificate with me now.

Do we have to mention/provide documents for
- our daughter who was born in UK but we don’t apply for her in the application?
- my other 2 companies who sponsored me?

Re: Sponsor licence number

Posted: Fri Oct 07, 2022 12:49 pm
by zimba
ship_under wrote:
Fri Oct 07, 2022 12:07 am
Thank you so much.

Sorry for asking again but aside birth or death certificates, what other official documents can I use? because I didn’t have birth certificate with me now.

Do we have to mention/provide documents for
- our daughter who was born in UK but we don’t apply for her in the application?
- my other 2 companies who sponsored me?
You do not need to provide any of those

Re: Sponsor licence number

Posted: Sat Oct 08, 2022 12:21 am
by ship_under
That certainly makes less things to submit for me, :)

Btw, for this

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Official documents (e.g. medical, birth or death certificates) for … (main application)
Do you have a list of things I can submit?

Thank you so much.

Re: Sponsor licence number

Posted: Sat Oct 08, 2022 2:33 am
by zimba
The list is generic. Submit only relevant documents

Re: Sponsor licence number

Posted: Tue Oct 11, 2022 12:37 am
by ship_under
Thank you so much, I submitted and booked appointment.
Hope it would be OK

Re: Sponsor licence number

Posted: Wed Oct 26, 2022 10:17 am
by ship_under
Sorry but I have last minute question.

For evidence of cohabitation, we plan to use our bills or renting contract but both of them also have name of our landlord in it. Do I need my landlord to sign conent form as well?

Re: Sponsor licence number

Posted: Wed Oct 26, 2022 12:09 pm
by zimba
ship_under wrote:
Wed Oct 26, 2022 10:17 am
Sorry but I have last minute question.

For evidence of cohabitation, we plan to use our bills or renting contract but both of them also have name of our landlord in it. Do I need my landlord to sign conent form as well?
No

Re: Sponsor licence number

Posted: Wed Oct 26, 2022 11:50 pm
by ship_under
Thank you so much